MUNICIPAL LAW

For 25 years, municipalities have relied on Gardiner Koch Weisberg & Wrona to represent them in absolutely every kind of case a municipality could have. Our geographic scope is immense, covering everywhere from inner-tier communities to exurban diaspora: the Chicago suburbs, the outlying counties, and far-flung farming areas as well.

Municipalities place their trust in GKWW because of a shared context. After all, GKWW’s partners understand these issues from the distinct vantage point of elected officials. Tom Gardiner served as trustee of the Village of Glenwood and Prairie State College for a cumulative total of 21 years. He currently serves on a Plan Commission and served the Board of Education for a high school district. James Koch is the former president on the board of New Trier High School, in Northfield Illinois, and has served as the president of the Board of Governors for the North Suburban Special Education District. In these capacities, we have garnered extensive familiarity with the pressures placed on elected officials and executives–and thus demonstrate the ability to provide sound counsel that protects both community and leadership.

We have successfully defended municipalities against discrimination suits concerning sex, race, national origin, and religion; in claims of discrimination involving employment and housing; in contract disputes and municipal tax contests; in negotiated union contracts and retaliatory discharge claims; in situations where municipal employees were accused of sexual harassment and molestation.

We invite you to review the Gardiner Koch Weisberg & Wrona blog, where we offer a look at our most recent successes. As you see, municipalities benefit significantly from our expert help. Contact Gardiner Koch Weisberg & Wrona for a free consultation.

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Since our establishment in 1992, Gardiner Koch Weisberg & Wrona has brought a sophisticated, well-knit mosaic of expertise to bear in several practice areas. We are aggressive, ethical advisers who get things done.

To arrange a consultation with one of our experienced and knowledgeable staff, don’t hesitate to reach out to us.

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Explore our focus areas within our municipal law practice.

Civil
Rights

Discrimination Claims

Due Process Claims

Equal Protection

Police Brutality

Political Retaliation

Developer Disputes

Contract Disputes

Municipal Ordinances

Open Meetings Act

Freedom of Information Act

De-Annexation Claims

Civil Rights

Municipalities have long relied on GKWW’s attorneys to represent them in very varied litigation across the wide sphere of civil rights.

We have successfully defended municipalities against claims of sex, race, national origin, religion and employment discrimination. We’ve defended retaliatory discharge claims, as well as claims concerning political firings and hirings. We have handled police brutality, malicious prosecution, false arrest, wrongful conviction, class-of-one equal protection claims and constitutional rights cases. We have defended municipalities against claims of housing discrimination. We have been involved in cases in which municipal employees were accused of sexual harassment and molestation.

Due Process Claims

Traditionally, due process claims sit on the basis of constitutional claims for civil rights violations. More recently, however, the issue has broadened to issues of property.

We have extensive experience in handling cases in which municipalities are accused of not having afforded property owners due process when considering proposals. (Often, these claims are brought by developers.)

Equal Protection

Equal protection claims have traditionally been made in connection with civil rights discrimination claims. In recent years, however, equal protection claims have often been made by property owners based upon the claim that they are being treated differently than similarly situated property owners. For example: a case may arise in which a zoning ordinance (or denial of a variance) might have a disproportionate impact on one property owner. These equal protection “class of one” cases have become quite prevalent, and we are well versed in the law.

Police Brutality

Gardiner Koch Weisberg & Wrona has built an impressive reputation for expertise, experience and achievement on behalf of its clients in matters of police brutality. We have litigated on behalf of our clients involving not just police brutality but misconduct and harassment, as well. Tom Gardiner and Jim Koch have spent their entire careers handling cases involving related claims-including an argument before the United States Supreme Court.

Political Retaliation

When a new political administration comes into power, the administration is often elected to facilitate change. Changes are made to both policy and personnel. Sometimes, the municipality’s finances require the reduction of personnel or the reassignment of job functions.
To make such changes may be perfectly legitimate, but such changes must be made within the protections afforded by the law. For example: a non-exempt employee may not be terminated simply for political reasons, and job duties cannot be dramatically changed to punish the politically active employee. If rules are not followed–including union rules–then the employee may have a legitimate claim.

Developer Disputes

Because of the exceptionally complicated nature of the development process, disputes often arise regarding the precise meaning of documents and the extent of the approvals granted them. Our firm has handled a great many developer disputes, on behalf of all parties involved in the development process, and guided them to a successful conclusion.

Challenges to Municipal Ordinaces

Municipal ordinances cannot violate state or federal law. Our firm demonstrates extensive expertise in analyzing such ordinances in the context of other laws.

We recommend approval, revision, or withdrawal of proposed ordinances where pertinent. In cases within which unconstitutional ordinances have been passed, we challenge them on behalf of taxpayers and citizens.

Open Meetings Act

Our firm frequently deals with the obligation of governmental units and committees to satisfy the requirements of the Open Meetings Act. Because of our expertise, we have given a speech between a very large regional Mayors and Managers organization on this topic.

Freedom of Information Act

With the changes to Illinois law expanding the scope of the Freedom of Information act, we are frequently called upon to interpret the act and advise public officials in responding to these requests. We’ve given speeches on the topic.

Since the disclosure requirements imposed on municipalities are substantial and the time limits are extraordinarily tight, some municipalities are simply turning all documents over without deliberating the documents’ contents or possible exemptions. Often, these disclosures are the precursor to litigation. (They need to be considered with litigation counsel.)

De-Annexation Claims

There are few firms that have handled claims by a property owner that his property should be de-annexed from the municipality. GKWW is one of those firms. Among our de-annexation cases was a hotly contested case in which we argued successfully at both the trial court and appellate levels.

De-annexation cases often involve developers who annex into one municipality only to learn that another municipality would afford them better annexation terms. De-annexation is governed by statute (and is referred to as “disconnection” under Illinois law), but it involves multiple, complex factual determinations that must be adroitly navigated.

Collaborative divorce offers an often-preferable alternative to traditional divorce. GKWW’s team of family lawyers includes members certified in this type of proceeding.

The goal of collaborative divorce, of course, is for both parties to actively cooperate in completing the divorce. Both parties–along with their representative attorneys–agree to certain ground rules that promote resolution with a minimum of animosity.

In our blog, we’ve put together a helpful primer that discusses the criteria–and benefits–of collaborative divorce. That article is linked here.

Other Personal Injury Cases

Slip-and-Fall Injuries:

• We settled a premises liability case involving a fall in a restaurant parking lot that resulted in a torn knee ligament. The settlement amount was $375,000.
• We settled a fall case involving a hip fracture for $160,000.

Airplane Crashes:

• A commercial plane crash in Peru killed our client. We represented their bereaved families in negotiating a settlement to help them move on.

Asbestos Claims:

• Our client–a military veteran–experienced agonizing health issues and eventual death resulting from exposure to asbestos. We facilitated a substantial settlement for his family.

Premises Liability and Construction Site Injury Cases

• We settled a construction negligence case (involving severe foot and ankle fractures suffered by an electrician due to a work site) fall for $2,325,000, in cash–and in addition to the waiver of a $400,000 workers compensation lien.

• We settled a product liability case (involving burn injuries suffered by an electrician) for $2,075,000 in cash–in addition to the waiver of a $455,000 workers compensation lien.

• We settled a construction negligence case, involving fractures suffered in a scaffold collapse, for $350,000.

• We settled a construction negligence case (involving a staircase collapse and multiple fractures) for $300,000.

• Our client slipped and fell on a rolled-up carpet in an elementary school, fracturing an arm. We won the client a $300,000 settlement.

• We settled a hospital and nursing home neglect case involving pressure ulcers and infection in a 73-year-old postoperative patient. The settlement was $750,000.

• We settled a hospital and nursing home neglect case (involving pressure ulcers suffered by a 62-year-old arm fracture patient) for $500,000.

• We settled a nursing home fall case for $250,000, as well as a nursing home neglect case, involving beverage burns suffered by an elderly surgical rehab patient, for $100,000.

• We settled a nursing home neglect case for $175,000.

• A nursing home resident died as a result of the facility’s failure to discover and treat severe bed sores. We won a large wrongful death settlement for the patient’s devastated family.

• A paraplegic nursing home resident who was injured because of the nursing home’s negligence in transferring the resident from her chair to a bed. We achieved a significant settlement for the injured patient.

• A nursing home resident–suffering from Stage 4 Cancer and Alzheimer’s–was not properly controlled or monitored, resulting in the patient’s expiring. We achieved a significant wrongful death settlement for the patient’s family.

• We have achieved significant results for residents of nursing homes even when the residents have suffered from Alzheimer’s disease.

Vehicular Injury Cases

Vehicular Accidents Involving Trucks:

• We settled a trucking negligence case involving skull fractures suffered by a 45-year-old man in South Carolina for $2,750,000.

• We settled a rear-end auto collision case (involving a torn rotator cuff) for $200,000, a head-on auto collision case (involving a fractured sternum) for $100,000, and another rear-end auto collision case–this time, involving a lower back injury–for $100,000.

• We settled an auto collision case for $100,000.

• A husband and father was killed when struck head-on Interstate 94. We achieved a significant settlement for the family he left behind–as we did in another case for the family of a woman killed when her car ran off the road.

• We achieved a significant settlement for a woman who sustained cognitive deficits when struck by a car while riding her bike.

• Our client’s vehicle was involved in a multiple-vehicle collision. We achieved a significant settlement to help our client recover and return to normal life.

• When vehicular incidents occur, it’s not just drivers and owners that suffer. One of our clients was the passenger in a car accident that left the client seriously injured. We achieved a settlement for the full amount of available insurance in this case.

• We obtained a significant settlement in an automobile collision case (in which a mechanic was broadsided by a drunk driver).

• We settled an automobile collision case involving back and neck injuries.

Vehicular Accidents Involving Pedestrians:

• Our client was walking in a crosswalk when he was struck by a carelessly driven vehicle, causing severe injuries to his legs. We helped him achieve a policy limit settlement.

• We settled a pedestrian auto case (involving fractured teeth and closed head injury) in DuPage County for $180,000.

Vehicular Accidents Involving Bicycles:

• We settled a case on behalf of a bike rider struck by a delivery driver for $1,020,000.

• We settled an automobile accident collision involving a bicyclist who suffered a fractured jaw and teeth. The settlement amount was $300,000.

• Our client was seriously injured when the owner of a parked car opened his door into our client’s passing bicycle. The settlement we won for our client was instrumental in recovery for the resulting injuries.

Vehicular Accidents Involving Motorcycles and ATVs:

• We settled a motorcycle crash case involving leg fractures in DuPage County for $1,250,000.

• We settled a case involving a motorcycle crash for $750,000.

• We settled a case involving a fatal ATV accident for $250,000.

Medical Malpractice Cases

Wrongful Death:

• We obtained a $5.42 million jury verdict for the wrongful death of a 55-year-old cancer patient due to an adverse reaction to a chemotherapy drug.
• We settled a medical malpractice case against a cardiologist and two hospitals for $1,250,000. The case involved the death of a 28-year-old father from a treatable heart condition.
• A patient’s delayed diagnoses of colon cancer resulted in the cancer’s inoperability, making an already agonizing situation ultimately tragic. We achieved a $300,000 settlement for the family.
• A patient died when he was not properly monitored for sleep apnea after a surgery. We achieved a significant settlement for the patient’s bereaved family.

Medical Malpractice:

• We obtained a $700,000 verdict against a Chicago hospital for a patient with severe osteoporosis whose fall precautions were not followed.
• We settled a medical malpractice case involving radiation burns suffered by a prostate cancer patient. The settlement amount was $400,000.
• We settled a medical malpractice case involving an untreated ankle fracture for $400,000.
• We settled a case against a Chicago hospital involving an improperly performed plastic surgery. The settlement amount was $250,000.

Failure of Diagnosis:

• We settled a medical malpractice case against a doctor who failed to diagnose and treat an aneurysm (which ruptured and caused a brain injury). The settlement was for $1,000,000.
• We settled a medical malpractice case against a major Chicago hospital. The case involved the failure to diagnose and treat a cardiac condition in a timely manner, the result of which was a double leg amputation. The settlement amount was $1,000,000.
• We settled a Kansas prison medical staff malpractice case. The staff failed to diagnose and treat pulmonary emboli. The settlement amount was $500,000.
• We settled a malpractice case against a prominent podiatrist.

Wrong Medication:

• We settled a case involving our client who was mistakenly given the wrong medication by a local pharmacy.
• A one-year-old’s necessary medication was withdrawn by the treating physician, resulting in the child’s permanent brain injury and profound mental incapacity. We achieved a very significant settlement for the child’s family.